New York residents are aware of the harsh penalties for drinking and driving. But not many people would ever think that their own children would turn them in for DWI. This is exactly what happened to a Rushville woman whose son called 911 when he suspected her of drinking and driving.
The incident occurred when the 47-year-old woman picked up her 15-year-old son from school along with another 15-year-old boy. Police reports indicate that the woman dropped off the second 15-year-old and proceeded to take her son home. This is where the situation took a turn, when the woman and her son got into an argument.
The initial reports do not state what the argument was about, but the police say that the son became concerned about his mother's drunk driving and reportedly called 911. When police arrived at the scene, the woman's car was allegedly half-on and half-off the roadway, with the 15-year-old son inside the vehicle.
Police claim that the woman left the scene. They later found her at home, approximately one and a half miles from where her car was located. Police further allege that the mother failed several field sobriety tests and blew 0.23 on a breathalyzer.
The woman is now facing several felony charges under Leandra's Law, which makes a DWI a felony if someone is convicted of driving drunk with children under the age of 15 in the vehicle. She is charged with two counts of felony DWI. If convicted, she could face up to a $5,000 fine and up to four years in prison. Her arraignment is set for Jan. 3.
It must be remembered that media reports on DWI charges are often provided from the police's perspective, which generally favors a conviction. However, as with all DWI allegations, the circumstances of the arrest should be fully analyzed, and the accused individual should know his or her rights as they pertain to current New York law.
Source: whec.com, "Rushville mother charged with DWI under Leandra's Law," Ted Fioraliso, Nov. 30, 2011